Jones v Wrexham Borough Council [2007] EWCA Civ 1356 (19 December 2007)

Jones v Wrexham Borough Council [2007] EWCA Civ 1356 (19 December 2007)

The CFA in question, when construed together with the Rule 15 letter and insurance policy, is a 'CFA Lite' within Regulation 3A of the 2003 Regulations, as the client is only liable for fees and expenses to the extent sums are recovered from the other side or under insurance, except in circumstances set out in...

Source-derived case information.

Citation
[2007] EWCA Civ 1356
Parties
Appellant: Jones; Respondent: Wrexham Borough Council
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Manchester County Court
Outcome
Appeal allowed
Legal Topics
Conditional Fee Agreements, Enforceability of Cfas, Interpretation of CFA Regulations, Disclosure of Interest in Insurance, Access to Justice Act 1999
Civil Procedure Costs Conditional Fee Agreements Enforceability of Cfas Interpretation of CFA Regulations Disclosure of Interest in Insurance Access to Justice Act 1999

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jones

Appellant

Wrexham Borough Council

Respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Manchester County Court

Legal Issues

  1. 1 Whether the CFA in question is a 'CFA Lite' within the meaning of Regulation 3A of the 2003 Regulations
  2. 2 Whether Regulation 4 of the 2000 Regulations applies to the CFA
  3. 3 Whether the solicitors had an interest in recommending a particular insurance policy and failed to disclose it

Ratio Decidendi

The CFA in question, when construed together with the Rule 15 letter and insurance policy, is a 'CFA Lite' within Regulation 3A of the 2003 Regulations, as the client is only liable for fees and expenses to the extent sums are recovered from the other side or under insurance, except in circumstances set out in Regulation 3A(5). Therefore, Regulation 4 does not apply, and the CFA is enforceable.

Court Disposition

Appeal allowed

Orders

  • The CFA is enforceable as a 'CFA Lite' under Regulation 3A of the 2003 Regulations.
  • Regulation 4 of the 2000 Regulations does not apply to this CFA.